[HISTORY: Adopted by the Town Board of the Town of Brookhaven 5-5-1998 by L.L. No. 14-1998, effective 5-11-1998. Amendments noted where applicable.]
This Town Board believes that the cultivation of an appreciation of nature is an important component in the education of young people and, therefore, wishes to establish the Brookhaven Wildlife Experience to allow all the people of the Town of Brookhaven, including its youth, to have the experience of viewing and learning about flora and fauna of other regions and climates in a natural setting, for educational and recreational purposes. The establishment of a capital reserve fund for the planning, design and construction of the Brookhaven Wildlife Experience will allow the Town to accomplish its goals in a fiscally sound and prudent manner.
This chapter is established pursuant to New York State General Municipal Law § 6, New York State Town Law, New York State Municipal Home Rule Law, and the New York State Statute of Local Governments.
The Town Board of the Town of Brookhaven hereby establishes a "Brookhaven Wildlife Experience Capital Reserve Fund" pursuant to New York State General Municipal Law § 6, the purpose of which fund shall be to provide funds to pay any costs associated with the construction of the public zoo and wildlife habitat to be known as the "Brookhaven Wildlife Experience," including, as and where necessary, design, planning and acquisition of lands, in addition to any construction costs.
The Brookhaven Wildlife Experience Capital Reserve Fund shall be funded from monies as may be provided therefor by budgetary appropriation or by such other means as the Town Board, by resolution, may deem appropriate.
The Brookhaven Town Supervisor, as Chief Fiscal Officer, is hereby directed to deposit, invest and secure the monies of this capital reserve fund in the manner provided by General Municipal Law §§ 10 and 11. Any interest earned or capital gains realized on the monies so deposited or invested shall accrue to and become part of this capital reserve fund.
This capital reserve fund may be combined in a bank account with other funds, provided that the separate identity of this capital reserve fund shall be maintained and this fund shall be accounted for separately from all other funds.
No expenditure shall be made from the Brookhaven Wildlife Experience Capital Reserve Fund except upon authorization of the Town Board by resolution, subject to permissive referendum, pursuant to New York State General Municipal Law § 6.
If any clause, sentence, paragraph or section of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph or section directly involved in the controversy in which judgment shall have been rendered.
This chapter shall become effective immediately upon filing with the Secretary of State of the State of New York.